| 1 | 1 | | 89R14609 E |
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| 2 | 2 | | By: Luther H.B. No. 4209 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a report of child abuse or neglect made by an employee |
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| 10 | 10 | | of a school district or an open-enrollment charter school. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 38.004(a), Education Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) The agency shall develop a policy governing the reports |
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| 15 | 15 | | of child abuse or neglect, including reports related to the |
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| 16 | 16 | | trafficking of a child under Section 20A.02(a)(5), (6), (7), or |
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| 17 | 17 | | (8), Penal Code, as required by Chapter 261, Family Code, for school |
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| 18 | 18 | | districts, open-enrollment charter schools, and their employees. |
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| 19 | 19 | | The policy must provide for cooperation with law enforcement child |
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| 20 | 20 | | abuse investigations without the consent of the child's parents if |
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| 21 | 21 | | necessary, including investigations by the Department of Family and |
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| 22 | 22 | | Protective Services. The policy must require each school district |
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| 23 | 23 | | and open-enrollment charter school employee to report child abuse |
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| 24 | 24 | | or neglect, including the trafficking of a child under Section |
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| 25 | 25 | | 20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter |
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| 26 | 26 | | 261, Family Code, except that a school district or open-enrollment |
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| 27 | 27 | | charter school employee must make the report to both the Department |
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| 28 | 28 | | of Family and Protective Services and a local or state law |
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| 29 | 29 | | enforcement agency if the report is based on evidence that a person |
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| 30 | 30 | | engaged in misconduct described by Section 22.093(c)(1)(A) or |
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| 31 | 31 | | (B). Each school district and open-enrollment charter school |
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| 32 | 32 | | shall adopt the policy. |
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| 33 | 33 | | SECTION 2. Section 261.103, Family Code, is amended by |
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| 34 | 34 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 35 | 35 | | follows: |
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| 36 | 36 | | (a) Except as otherwise provided by this section |
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| 37 | 37 | | [Subsections (b) and (c)] and Section 261.405, a report shall be |
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| 38 | 38 | | made to: |
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| 39 | 39 | | (1) any local or state law enforcement agency; |
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| 40 | 40 | | (2) the department; or |
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| 41 | 41 | | (3) the state agency that operates, licenses, |
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| 42 | 42 | | certifies, or registers the facility in which the alleged abuse or |
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| 43 | 43 | | neglect occurred. |
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| 44 | 44 | | (d) Notwithstanding any other provision of this section, an |
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| 45 | 45 | | employee of a school district or open-enrollment charter school who |
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| 46 | 46 | | is required to make a report of child abuse or neglect that is based |
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| 47 | 47 | | on evidence that a person engaged in misconduct described by |
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| 48 | 48 | | Section 22.093(c)(1)(A) or (B), Education Code, must make the |
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| 49 | 49 | | report to both the department and a local or state law enforcement |
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| 50 | 50 | | agency. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2025. |
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